- (1.) This Special Appeal concerns the premises commonly known as 'Manssarovar Palace' situated at No. 3, Sheo Charan Lal Road, Allahabad and used primarily as a cinema hall. The original owner was one Ram Swaroop Gupta. He leased the premises to Messrs Pioneer Exhibitors and Distributors Private Limited. The tenancy came to an end on June 30, 1952. Thereafter Ram Swaroop Gupta leased the premises under a registered deed to the appellant, Ram Agyan Singh, for a period of ten years, and the appellant entered into possession. There was no order alloting the accommodation to him under Section 7(2) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 (to which I shall refer as 'the Act'). In suit No. 94 of 1955, instituted by Ram Swaroop Gupta against the appellant, the Civil Judge, Allahabad held that the lease commenced to operate from May, 5, 1955. The period of the lease, therefore, expired on May 4, 1965. Meanwhile, on March 26, 1962 the property was sold by Ram Swaroop Gupta to the respondents, Murlidhar Agarwal and Raj Kumar Agarwal. In January, 1963, and again in May, 1965 the said respondents (whom I shall call 'the contesting respondents') requested the appellant to vacate the premises and hand over possession. The appellant, however, continued in possession. On May 4, 1965 the contesting respondents applied for realse of the accommodation in their favour. On December 3, 1965 the Additional District Magistrate made an order releasing the accommodation. The contesting respondents also moved an application under Section 7-A for the eviction of the appellant and notice "to show cause" was issued to the appellant under Section 7-A(1). The appellant applied under Section 7-F against the Additional District Magistrate's orders releasing the accommodation and issuing notice under Section 7-A(1). The application was rejected as incompetent. The appellant then invoked the revisional jurisdiction of the Commissioner against the release order and the proceeding under Section 7-A(1). The Additional District Magistrate meanwhile issued a notice under Section 7-A(2), and that was also challenged in revision before the Commissioner. On April 15, 1966 the Commissioner made an order remanding the case for fresh consideration. The Additional District Magistrate issued a fresh notice dated May 3, 1966 under Section 7-A(1) pointing out that the appellant was illegally occupying the accommodation without an allotment order and required him to show cause why he should not be evicted. The appellant filed a detailed reply. The Additional District Magistrate heard the parties but nevertheless again on June 18, 1966 issued a notice under Section 7-A(2). The appellant applied in revision before the Commissioner, and the revision application, which was heard by the Additional Commissioner, Allahabad Division was dismissed by an order dated May 23, 1967. The appellant then applied under Section 7-F of the Act to the State Government. The State Government made an order that the appellant should not be dispossessed during the pendency of the proceeding under Section 7-F. The application under Section 7-F was heard after notice to the parties. On October 20, 1967, the contesting respondents were informed that the application under Section 7-F had been allowed by the State Government and the order of the Additional Commissioner dated May 23, 1967 had been set aside.
(2.) The contesting respondents filed a petition under Article 226 of the Constitution against the order under Section 7-F of the State Government. The petition has been allowed by a learned single Judge, who has quashed the order of the State Government dated October 20, 1967. And now this Special Appeal.
(3.) It will be convenient to set out here the relevant provisions of Section 7 and 7-A : "7. Control of Letting. - (1)(a) Every landlord shall, within seven days after an accommodation becomes vacant by his ceasing to occupy it or by the tenant vacating it or otherwise ceasing to occupy it or by termination of tenancy or by release from requisition or in any other manner whatsoever give notice of the vacancy in writing to the District Magistrate. (b) Every tenant occupying accommodation shall within seven days of vacation of such accommodation or ceasing to occupy it give notice thereof in writing to the District Magistrate. (c) The notice given under clause (a) or (b) shall contain such particular as may be prescribed. (2) The District Magistrate may by general or special order require a landlord to let or not to let to any person any accommodation which is or has fallen vacant or is about to fall vacant. (3) ... ... ... ... (4) ... ... ... "7-A. District Magistrate's power to take action against unauthorised occupation : (1) Where in pursuance of an order of the District Magistrate under sub-section (2) of Section 7, the vacancy of any accommodation is required to be reported, or where an order requiring any accommodation to be let or not to be let has been duly passed under sub-section (2) of Section 7 and the District Magistrate believes or has reason to believe that any person has in contravention of the said order occupied the accommodation or any part thereof, he may call upon the person in occupation to show cause; within a time to be fixed by him why he should not be evicted therefrom : Provided that no order under this section shall be passed if the District Magistrate is satisfied that there had been undue delay or it is otherwise inexpedient to do so. (2) If such person fails to appear in reply to the notice served under sub-section (1) or, if he appears but fails to satisfy the District Magistrate that the order under sub-section (2) of Section 7 was not duly passed and that he is entitled to remain in occupation of the accommodation, the District Magistrate may, without prejudice to any other action which may be taken against him under this Act or any other law for the time being in force, direct him to vacate the premises a period to be specified. (3) ... ... ... ... (4) .... .... ... ...." The appellant contends that the proceedings against him under Section 7-A are without jurisdiction.;